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91_HB0789eng HB0789 Engrossed LRB9104583RCks 1 AN ACT to amend the Criminal Code of 1961 by adding 2 Section 11-20.3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 adding Section 11-20.3 as follows: 7 (720 ILCS 5/11-20.3 new) 8 Sec. 11-20.3. Knowing dissemination of obscene material 9 to a minor by computer. 10 (a) A person commits the offense of knowing 11 dissemination of obscene material to a minor by computer who: 12 (1) knowing the character and content of the 13 communication which, in whole or in part, depicts actual 14 or simulated sexual intercourse with any person or 15 animal, any act of actual or simulated sexual contact 16 involving the sex organs of any person or animal, any act 17 of actual or simulated masturbation, any act of actual or 18 simulated lewd fondling or caressing, any act of actual 19 or simulated sadistic, masochistic, or sadomasochistic 20 abuse in any sexual context, or any lewd exhibition of 21 the unclothed genitals, pubic area, buttocks, or female 22 breast of any person; and 23 (2) initiates the communication, by computer or 24 otherwise, with a person known to the defendant, by 25 computer or otherwise, to be a minor under the age of 18; 26 and 27 (3) disseminates the communication to the minor by 28 computer, Internet, World Wide Web, or other commercial 29 or noncommercial on-line service. 30 (b) Admissibility of evidence. In any prosecution for 31 an offense under this Section evidence is admissible to show: HB0789 Engrossed -2- LRB9104583RCks 1 (1) The character of the audience for which the 2 communication was designed or to which it was directed; 3 (2) What the predominant appeal of the 4 communication would be for ordinary adults or a special 5 audience, and what effect, if any, it would probably have 6 on the behavior of those people; 7 (3) The artistic, literary, scientific, educational 8 or other merits of the communication, or absence of those 9 merits; 10 (4) The degree, if any, of public acceptance of the 11 communication in this State; 12 (5) Appeal to prurient interest, or absence of that 13 appeal, in advertising or other promotion of the 14 communication; 15 (6) Purpose of the author, creator, publisher, or 16 disseminator. 17 (c) Affirmative defense. In any prosecution for knowing 18 dissemination of obscene material to a minor by computer, it 19 is an affirmative defense that: (1) the defendant made a 20 reasonable effort to ascertain the true age of the minor; and 21 (2) the defendant was unable to do so as a result of actions 22 taken by the minor, and (3) the defendant made no attempt to 23 conceal his or her true age or identity. 24 (d) Sentence. Knowing dissemination of obscene material 25 to a minor by computer is a Class 4 felony.